The UN Convention against Corruption (UNCAC) is a global, legally binding instrument on corruption and related matters. It governs under the United Nations Office on Drugs and Crime (UNODC). Through the United Nations General Assembly an independent Ad Hoc Committee presented the convention in Merida, Mexico in December 2003. It later came in to force in December 2005 and by September 2014, 140 countries had signed the Convention. [1]
Countries that have signed the Convention must verify that their legislation is in-line with what is stated, and if necessary, pass new laws or modify existing ones in order to meet the set standards. The purpose of the Convention is to work as a functional and international instrument that aims to prevent and criminalize corrupt practices. It also works to facilitate and support cooperation and technical assistance between countries. [2]
Content
The Convention consists of a range of anti-corruption measures that are meant to be applied by the State Parties through their laws, institutions and practices. These measures involve prevention, detection and sanctioning of corruption as well as cooperation between State Parties [3] . The Convention helps signatory countries to enhance transparency, codes of conduct and policies promoting good governance, the rule of law and accountability . It encourages also an active involvement of non-governmental organizations and to increase public awareness. Its 71 articles are distributed in eight chapters, as follows:
Chapter I, General Provisions In the first chapter, the statement of purpose presents what overall goals the Convention shall support. Followed by use of terms defining each key word that will be frequently used.
Chapter II, Preventive Measures It consists of preventive measures covering the the public sector, such as ethics, finance and procurement, as well as accounting and auditing standards in the private sector. As an example, it is stated that procurement systems should be based on transparency, competition and objective criteria . Additionally, Chapter II emphasizes whistle-blower protection and that the public has effective access to information [4] .
Chapter III, Criminalization and Law Enforcement This chapter aims to support governments to establish or consider establishing following acts as criminal behavior: active and passive bribery on public officials, embezzlement of public officials, money laundering and bribery of national and foreign public officials [5] .
Chapter IV, International Cooperation It is based on a comprehensive system for mutual legal assistance between law enforcement authorities. They are largely mandatory and covers aspects of law enforcement cooperation such as gathering and transferring evidence, assisting investigations and prosecutions. This chapter is viewed as complementary and mutually reinforcing with the The OECD Anti-Bribery Convention, as it provides with increased possibilities for international cooperation [6]
Chapter V, Asset Recovery The fifth chapter covers various aspects of the asset recovery, including detailed provisions dealing with international cooperation, tracing, freezing, confiscation and recovery of assets, as well as about prevention and detection of transfers of the proceeds of crime. The UNCAC provisions address the issue for the first time on a global basis. [7]
Chapter VI, Technical Assistance and Information Exchange Chapter VI addresses the need for enhanced financial, material and technical assistance in developing countries. It also calls on assistance for countries to implement the Convention. This is critical, since if the countries fails to get such assistance, they will not be in position to implement UNCAC requirements. [8]
Chapter VII, Mechanisms for Implementation Chapter VII involves responsibilities for State Parties that include periodically review the implementation and make recommendation including both technical and assistance needs. Using relevant information produced by other international and regional mechanisms [9] . The first cycle of review (2010-2015), will cover chapter III on criminalization and law enforcement and chapter IV on international cooperation .
Chapter VIII, Final provisions The last chapter addresses the implementation of the Convention, signatures and ratification as well as entry into force.
Finland in the light of the Convention
Finland signed the Convention in 9 December 2003 and later accepted and ratified it 20 June 2006 [10] . In accordance with Chapter VII in the Convention covering the Review Mechanism of the implementation procedure, Finland got review by governmental experts from Greece and Tunisia in February 2011 [11] . Finland is one of eight countries who have authorised publication of their full review report [12]
Future challenges and concerns
The UNCAC is seen as a major step forward in the fight against corruption, since it provides a political tool for dialogue between countries. However, critique towards the Convention have been pointed out egarding the fact that it is more a compilation of important measures, which lacks any prioritaison or sequencing. Major economies such as Germany and Japan have signed but not yet ratified it [13] .Transparency International stated that challenges still remain in the implementation process of the Convention, as well as critique concerning lack of follow-up in the review process [14] .
^ Argonda, A. (2007) The United Nations Convention Against Corruption and its Impact on International Companies. Journal of Business Ethics. 74, 481-496
^ Webb, P. (2005) The United Nations Against Corruption - Global Achievement or Missed Opportunity? Journal of International Economic Law. 8, 1, 191-229
^ Brunelle-Quraishi O. (2011). Assessing the Relevancy and Efficacy if the United Nations Against Corrpuption: A Comparative Analysis. Notre Dame Journal of International & Comparative Law. 101-166
Background
Table of Contents
Countries that have signed the Convention must verify that their legislation is in-line with what is stated, and if necessary, pass new laws or modify existing ones in order to meet the set standards. The purpose of the Convention is to work as a functional and international instrument that aims to prevent and criminalize corrupt practices. It also works to facilitate and support cooperation and technical assistance between countries. [2]
Content
The Convention consists of a range of anti-corruption measures that are meant to be applied by the State Parties through their laws, institutions and practices. These measures involve prevention, detection and sanctioning of corruption as well as cooperation between State Parties [3] . The Convention helps signatory countries to enhance transparency, codes of conduct and policies promoting good governance, the rule of law and accountability . It encourages also an active involvement of non-governmental organizations and to increase public awareness. Its 71 articles are distributed in eight chapters, as follows:Chapter I, General Provisions
In the first chapter, the statement of purpose presents what overall goals the Convention shall support. Followed by use of terms defining each key word that will be frequently used.
Chapter II, Preventive Measures
It consists of preventive measures covering the the public sector, such as ethics, finance and procurement, as well as accounting and auditing standards in the private sector. As an example, it is stated that procurement systems should be based on transparency, competition and objective criteria . Additionally, Chapter II emphasizes whistle-blower protection and that the public has effective access to information [4] .
Chapter III, Criminalization and Law Enforcement
This chapter aims to support governments to establish or consider establishing following acts as criminal behavior: active and passive bribery on public officials, embezzlement of public officials, money laundering and bribery of national and foreign public officials [5] .
Chapter IV, International Cooperation
It is based on a comprehensive system for mutual legal assistance between law enforcement authorities. They are largely mandatory and covers aspects of law enforcement cooperation such as gathering and transferring evidence, assisting investigations and prosecutions. This chapter is viewed as complementary and mutually reinforcing with the The OECD Anti-Bribery Convention, as it provides with increased possibilities for international cooperation [6]
Chapter V, Asset Recovery
The fifth chapter covers various aspects of the asset recovery, including detailed provisions dealing with international cooperation, tracing, freezing, confiscation and recovery of assets, as well as about prevention and detection of transfers of the proceeds of crime. The UNCAC provisions address the issue for the first time on a global basis. [7]
Chapter VI, Technical Assistance and Information Exchange
Chapter VI addresses the need for enhanced financial, material and technical assistance in developing countries. It also calls on assistance for countries to implement the Convention. This is critical, since if the countries fails to get such assistance, they will not be in position to implement UNCAC requirements. [8]
Chapter VII, Mechanisms for Implementation
Chapter VII involves responsibilities for State Parties that include periodically review the implementation and make recommendation including both technical and assistance needs. Using relevant information produced by other international and regional mechanisms [9] . The first cycle of review (2010-2015), will cover chapter III on criminalization and law enforcement and chapter IV on international cooperation .
Chapter VIII, Final provisions
The last chapter addresses the implementation of the Convention, signatures and ratification as well as entry into force.
Finland in the light of the Convention
Finland signed the Convention in 9 December 2003 and later accepted and ratified it 20 June 2006 [10] . In accordance with Chapter VII in the Convention covering the Review Mechanism of the implementation procedure, Finland got review by governmental experts from Greece and Tunisia in February 2011 [11] . Finland is one of eight countries who have authorised publication of their full review report [12]Future challenges and concerns
The UNCAC is seen as a major step forward in the fight against corruption, since it provides a political tool for dialogue between countries. However, critique towards the Convention have been pointed out egarding the fact that it is more a compilation of important measures, which lacks any prioritaison or sequencing. Major economies such as Germany and Japan have signed but not yet ratified it [13] .Transparency International stated that challenges still remain in the implementation process of the Convention, as well as critique concerning lack of follow-up in the review process [14] .http://www.unodc.org/documents/treaties/UNCAC/Publications/Convention/08-50026_E.pdf
http://www.multaqa.org/pdfs/UNCACSummary.pdf
http://www.oecd.org/mena/investment/39997682.pdf
http://www.multaqa.org/pdfs/UNCACSummary.pdf
http://www.multaqa.org/pdfs/UNCACSummary.pdf
http://archive.transparency.org/global_priorities/international_conventions/conventions_instruments/uncac
https://www.unodc.org/unodc/en/treaties/CAC/signatories.html
https://blog.transparency.org/2014/02/26/germany-is-ready-to-sign-uncac-at-last/